Peloza v. Capistrano School District

Peloza v. Capistrano Unified School District, 37 F.3d 517 (9th Cir. 1994),[1] was a 1994 court case heard by United States Court of Appeals for the Ninth Circuit in which a creationist schoolteacher, John E. Peloza claimed that Establishment clause of the United States Constitution along with his own right to free speech was violated by the requirement to teach the "religion" of "evolutionism". The court found against Peloza, finding that evolution was science not religion and that the Capistrano Unified School District school board were right to restrict his teaching of creationism in light of the 1987 Supreme Court decision Edwards v. Aguillard. One of the three appeals judges, Poole, partially dissented from the majority's free speech and due process opinions.[2] It was one in a long line court cases involving the teaching of creationism which have found against creationists. Peloza appealed to the Supreme Court, which declined to hear the case.

Peloza v. Capistrano School District
CourtUnited States Court of Appeals for the Ninth Circuit
Full case namePeloza v. Capistrano School District
ArguedJune 9, 1993
DecidedOctober 4, 1994
Citation(s)37 F.3d 517 (9th Cir. 1994)
94 Ed. Law Rep. 1159
Case history
Prior history782 F. Supp. 1412 (C.D. Cal. 1992)
Court membership
Judge(s) sittingWilliam A. Fletcher, Cecil F. Poole, David R. Thompson
Case opinions
Per curiam
Concur/dissentPoole
Laws applied
First Amendment

References

  1. Peloza v. Capistrano Unified School District, 37 F.3d 517 (9th Cir. 1994).
  2. "Peloza v. Capistrano Unified School District". TalkOrigins. Retrieved September 5, 2017.


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